By:  Brown                                            S.B. No. 1445
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to transfer of title to a motor vehicle, the collection
    1-2  and administration of the motor vehicle sales tax, and certain
    1-3  disclosures that must be made to the purchaser of a motor vehicle.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 152.001, Tax Code, is amended to read as
    1-6  follows:
    1-7        Sec. 152.001.  Definitions.  In this chapter:
    1-8              (1)  "Sale" includes:
    1-9                    (A)  an installment and credit sale;
   1-10                    (B)  an exchange of property for property or
   1-11  money;
   1-12                    (C)  an exchange in which property is transferred
   1-13  but the seller retains title as security for payment of the
   1-14  purchase price; and
   1-15                    (D)  any other closed transaction that
   1-16  constitutes a sale.
   1-17              (2)  "Retail sale" means a sale of a motor vehicle
   1-18  except:
   1-19                    (A)  a sale in which the purchaser is a dealer
   1-20  who holds a general distinguishing number issued pursuant to the
   1-21  terms of Article 6686, Revised Statutes, who acquires a vehicle for
   1-22  the exclusive purpose of resale; or
   1-23                    (B)  a sale of a vehicle that is operated under
    2-1  and in accordance with Article 6686, Revised Civil Statutes of
    2-2  Texas, 1925, as amended.
    2-3              (3)  "Motor Vehicle" includes:
    2-4                    (A)  a self-propelled vehicle designed to
    2-5  transport persons or property on a public highway;
    2-6                    (B)  a trailer and semitrailer, including a van,
    2-7  flatbed, tank, dumpster, dolly, jeep, stinger, auxiliary axle, or
    2-8  converter gear; and
    2-9                    (C)  a house trailer as defined by the
   2-10  Certificate of Title Act (Article 6687-1, Vernon's Texas Civil
   2-11  Statutes).
   2-12              (4)  "Motor Vehicle" does not include:
   2-13                    (A)  a device moved only by human power;
   2-14                    (B)  a device used exclusively on stationary
   2-15  rails or tracks;
   2-16                    (C)  road-building machinery; or
   2-17                    (D)  a mobile office.
   2-18              (5)  "Rental" means:
   2-19                    (A)  an agreement by the owner of a motor vehicle
   2-20  to give for not longer than 180 days the exclusive use of that
   2-21  vehicle to another for consideration;
   2-22                    (B)  an agreement by the original manufacturer of
   2-23  a motor vehicle to give exclusive use of the motor vehicle to
   2-24  another for consideration; or
   2-25                    (C)  an agreement to give exclusive use of a
    3-1  motor vehicle to another for re-rental purposes.
    3-2              (6)  "Lease" means an agreement, other than a rental,
    3-3  by an owner of a motor vehicle to give for longer than 180 days
    3-4  exclusive use of the vehicle to another for consideration.
    3-5              (7)  "Public agency" means:
    3-6                    (A)  a department, commission, board, office,
    3-7  institution, or other agency of this state or of a county, city,
    3-8  town, school district, hospital district, water district, or other
    3-9  special district or authority or political subdivision created by
   3-10  or under the constitution or the statutes of this state; or
   3-11                    (B)  an unincorporated agency or instrumentality
   3-12  of the United States.
   3-13              (8)  "Gross rental receipts" means value received or
   3-14  promised as consideration to the owner of a motor vehicle for
   3-15  rental of the vehicle, but does not include:
   3-16                    (A)  separately stated charges for insurance;
   3-17                    (B)  charges for damages to the motor vehicle
   3-18  occurring during the rental agreement period;
   3-19                    (C)  separately stated charges for motor fuel
   3-20  sold by the owner of the motor vehicle; or
   3-21                    (D)  discounts.
   3-22              (9)  "Owner of a motor vehicle" means:
   3-23                    (A)  a person named in the certificate of title
   3-24  as the owner of the vehicle; or
   3-25                    (B)  a person who has the exclusive use of a
    4-1  motor vehicle by reason of a rental and holds the vehicle for
    4-2  re-rental.
    4-3              (10)  "Orthopedically handicapped person" means a
    4-4  person who because of a physical impairment is unable to operate or
    4-5  reasonably be transported in a motor vehicle that has not been
    4-6  specially modified.
    4-7              (11)  "Volunteer fire department" means a company,
    4-8  department, or association whose members receive no or nominal
    4-9  compensation and which is organized for the purpose of answering
   4-10  fire alarms and extinguishing fires or answering fire alarms,
   4-11  extinguishing fires, and providing emergency medical services.
   4-12              (12)  "Motor vehicle used for religious purposes" means
   4-13  a motor vehicle that is:
   4-14                    (A)  designed to carry more than six passengers;
   4-15                    (B)  sold to, rented to, or used by a church or
   4-16  religious society;
   4-17                    (C)  used primarily for the purpose of providing
   4-18  transportation to and from a church or religious service or
   4-19  meeting; and
   4-20                    (D)  not registered as a passenger vehicle and
   4-21  not used primarily for the personal or official needs or duties of
   4-22  a minister.
   4-23              (13)  "Farm machine" means a self-propelled motor
   4-24  vehicle specially adapted for use in the production of crops or
   4-25  rearing of livestock, including poultry, and use in feedlots and
    5-1  includes a self-propelled motor vehicle specially adapted for
    5-2  applying plant food materials, agricultural chemicals, or feed for
    5-3  livestock.  "Farm machine" does not include any self-propelled
    5-4  motor vehicle specifically designed or specially adapted for the
    5-5  sole purpose of transporting agricultural products, plant food
    5-6  materials, agricultural chemicals, or feed for livestock.
    5-7              (14)
    5-8              (15)  "Nonprofit" means:
    5-9                    (A)  organized as a nonprofit corporation under
   5-10  the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq.,
   5-11  Vernon's Texas Civil Statutes); or
   5-12                    (B)  organized and operated in a way that does
   5-13  not result in accrual of distributable profits, realization of
   5-14  private gain resulting from payment of compensation other than
   5-15  reasonable compensation for services rendered by persons who are
   5-16  not members of the organization, or realization of any other form
   5-17  of private gain.
   5-18              (16)  "Seller-financed sale" means a retail sale of a
   5-19  motor vehicle by a dealer licensed under Article 6686, Revised
   5-20  Statutes, in which the seller collects all or part of the total
   5-21  consideration in periodic payments and retains a lien on the motor
   5-22  vehicle until all payments have been received.  The term does not
   5-23  include a:
   5-24                    (A)  retail sale of a motor vehicle in which a
   5-25  person other than the seller provides the consideration for the
    6-1  sale and retains a lien on the motor vehicle as collateral;
    6-2                    (B)  lease; or
    6-3                    (C)  rental.
    6-4              (17) <(16)>  "Mobile office" means a trailer designed
    6-5  to be used as an office, sales outlet, or other workplace.
    6-6        SECTION 2.  Subsection (a), Section 152.021, Tax Code, is
    6-7  amended to read as follows:
    6-8        (a)  A tax is imposed on every retail sale of every motor
    6-9  vehicle sold in this state.  Except as provided by this chapter
   6-10  <Section 152.047>, the tax is an obligation of and shall be paid by
   6-11  the purchaser of the motor vehicle.
   6-12        SECTION 3.  Chapter 152, Tax Code, is amended by adding
   6-13  Section 152.0411 to read as follows:
   6-14        Sec. 152.0411.  COLLECTION BY SELLERS.  (a)  A seller other
   6-15  than an auctioneer who makes a sale subject to the sales tax
   6-16  imposed by Section 152.021 of this chapter shall add the amount of
   6-17  the tax to the sales price, and when the amount of the tax is
   6-18  added:
   6-19              (1)  it is a debt of the purchaser to the seller until
   6-20  paid; and
   6-21              (2)  if unpaid, it is recoverable at law in the same
   6-22  manner as the original sales price.
   6-23        (b)  The seller shall remit to the tax assessor-collector in
   6-24  the time and manner provided by law, taxes collected by the seller
   6-25  as provided by this section.
    7-1        (c)  This section applies only to the sale of a vehicle that
    7-2  is to be registered in Texas.  If a purchaser intends to register a
    7-3  vehicle outside Texas, the purchaser shall indicate that intent by
    7-4  affidavit signed by the purchaser under oath.
    7-5        (d)  This section does not apply to a seller-financed sale.
    7-6        (e)  In this section, "auctioneer" means a person who holds
    7-7  an auctioneer's license issued by the Texas Department of Licensing
    7-8  and Regulation.
    7-9        SECTION 4.  Section 152.044, Tax Code, is amended to read as
   7-10  follows:
   7-11        Sec. 152.044.  Payment by Seller.  (a)  If the comptroller on
   7-12  an audit of the records of a seller finds that the amount of tax
   7-13  due was incorrectly reported on a joint statement and that the
   7-14  amount of tax paid was less than the amount due <or that the seller
   7-15  failed to execute and deliver to the purchaser a joint statement
   7-16  and any other documents necessary to register the vehicle>, the
   7-17  seller and purchaser are jointly and severally liable for the
   7-18  amount of the tax determined to be due.
   7-19        (b)  If the comptroller on audit of the records of a seller
   7-20  finds that the seller failed to execute and deliver to the tax
   7-21  assessor-collector in the time and manner provided by law the
   7-22  documents necessary to register the vehicle in the name of the
   7-23  purchaser, including the joint statement, together with the tax
   7-24  due, if any, the seller is liable for the amount of the tax, plus
   7-25  penalty and interest, if any, determined to be due.
    8-1        SECTION 5.  Section 152.063, Tax Code, is amended by adding a
    8-2  new Subsection (g) to read as follows and by renumbering current
    8-3  Subsection (g) as Subsection (h):
    8-4        (g)  A seller shall maintain at the seller's principal place
    8-5  of business for at least four years from the date of sale, the
    8-6  purchaser's affidavit required by Section 152.0411(c) of this code.
    8-7        SECTION 6.  Section 27, Certificate of Title Act (Article
    8-8  6687-1, Vernon's Texas Civil Statutes), is amended to read as
    8-9  follows:
   8-10        Sec. 27.  (a)  Before selling or disposing of any motor
   8-11  vehicle required to be registered or licensed in this State on any
   8-12  highway or public place within this State, except with dealer's
   8-13  metal or cardboard license number thereto attached as now provided
   8-14  by law, the owner shall make application to the designated agent in
   8-15  the county of his domicile or the county in which the vehicle is
   8-16  purchased or encumbered upon form to be prescribed by the
   8-17  Department for a certificate of title for such motor vehicle.
   8-18        (b)  The seller of a motor vehicle shall apply for the
   8-19  registration, and Texas certificate of title in the name of the
   8-20  purchaser of the motor vehicle that is the subject of the sale.
   8-21  The seller shall file with the appropriate designated agent all
   8-22  documents necessary to transfer title to the vehicle and register
   8-23  the vehicle in the name of the purchaser and shall, at the same
   8-24  time, remit motor vehicle sales tax if any.  The duty placed on the
   8-25  seller by this section is solely that of the seller and applies
    9-1  both to a first sale and a subsequent sale.
    9-2        (c)  The seller shall complete the transfer of title and
    9-3  registration requirements placed on the seller by Subsection (b) of
    9-4  this section in the time and manner provided by law.
    9-5        SECTION 7.  Subsection (h-1), Article 7.01, Revised Statutes
    9-6  (Article 5069-7.01, Vernon's Texas Civil Statutes), is amended to
    9-7  read as follows:
    9-8        (h-1)  In addition to the provisions of Section (h) of this
    9-9  article, "principal balance" includes a motor vehicle inspection
   9-10  fee and a documentary fee for services actually rendered to, for or
   9-11  on behalf of the retail buyer in preparing, handling, and
   9-12  processing documents relating to the motor vehicle and the closing
   9-13  of the transaction evidenced by the retail installment contract.
   9-14  If a documentary fee is charged:
   9-15              (i)  it must be charged to both cash and credit buyers;
   9-16              (ii)  it may not exceed $50;
   9-17              (iii)  it shall be disclosed on the retail installment
   9-18  contract as a separate itemized charge; and
   9-19              (iv)  the buyer's order and the retail installment
   9-20  contract shall include in reasonable proximity to the point in the
   9-21  buyer's order and retail installment contract where the documentary
   9-22  fee is disclosed the amount of the documentary fee to be charged
   9-23  and the following notice in type that is boldfaced, capitalized,
   9-24  underlined, or otherwise set out from surrounding written material
   9-25  so as to be conspicuous:
   10-1                    "A DOCUMENTARY FEE IS NOT AN OFFICIAL FEE.  A
   10-2  DOCUMENTARY FEE IS NOT REQUIRED BY LAW, BUT MAY BE CHARGED TO
   10-3  BUYERS FOR HANDLING DOCUMENTS AND PERFORMING SERVICES RELATING TO
   10-4  THE CLOSING OF A SALE.  <BUYERS MAY AVOID PAYMENT OF THE FEE TO THE
   10-5  SELLER BY HANDLING THE DOCUMENTS AND PERFORMING THE SERVICES
   10-6  RELATING TO THE CLOSING OF THE SALE.>  A DOCUMENTARY FEE MAY NOT
   10-7  EXCEED $50.  THIS NOTICE IS REQUIRED BY LAW."
   10-8              (v)  If the language primarily used in the oral sales
   10-9  presentation is not the same as that in which the retail
  10-10  installment contract is written, the seller shall furnish to the
  10-11  buyer a written statement containing the notice set out in
  10-12  Subsection (iv) in the language primarily used in the oral sales
  10-13  presentation.
  10-14        SECTION 8.  EFFECTIVE DATE:  This Act takes effect January 1,
  10-15  1996.
  10-16        SECTION 9.  The importance of this legislation and the
  10-17  crowded condition of the calendars in both houses create an
  10-18  emergency and an imperative public necessity that the
  10-19  constitutional rule requiring bills to be read on three several
  10-20  days in each house be suspended, and this rule is hereby suspended,
  10-21  and that this Act take effect and be in force according to its
  10-22  terms, and it is so enacted.